Legal Question in Family Law in New York
Child Support
my brother is paying $250 per week to his first wife for child support for 2 kids.
he is in court now w/ the 2nd wife and was told he has to pay $322 child support perwk plus an additional $114 for child care(the kids are in school full time). he has been paying the $322 per wk for about 1 1/2 yrs. his divorce is not final & now his wife's atty has put a garnishment on his pay check for $322, $114 plus $ 100 ( for the back amount on $114 he felt is not fair). after the garnishment his check comes out to $236 per wk, which is shy $14 owed out of the first amount of $250 he must pay. is this possible, what can he do?
1 Answer from Attorneys
Re: Child Support
Child support in NY is based on a percentage of income. If the order is incorrect, your brother should either file an appeal, file a motion, or work towards getting a final correct order in place ASAP.
Your brother should speak to his attorney. If he doesn't have one, he should get one yesterday.
J. Douglas Barics
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